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HomeMy WebLinkAbout102 NW 64TH STAUDITORS NOTE LEGIBILITY FOR RECORDING AND COPYING UNSATISFACTORY IN A PORTION OF THIS INSIRUMENT WHEN RECEIVED. OUT$11)E UTILITIES AGREI~MI~NT WllEREAS (lie Bremerlon Munieilm! Code requires property outside the eily boumlaries to support a,mexation to tim City of BremeHon as a coadition for receiving City utilities (BMC 15.02.040 and 15.03.040); and WIIEREAS Ihe City of B~emeHon has a primary obligation to ils eilizens lo allocale limited service resources for adequate growlb and development within the Cily; and WIIEI~EAS Ihe undersigned, as owner of a parcel outside the City of Bremerlon, has made aplflication for city utilities; NOW,TIII~I(EFOI~I~, Ihe undersigned owner (hereinafter "Owner")of real property located at /O~ N.~. 64TH ST. , Kitsap County, Washington, 0mreinafier legally described as: $tt.~ F Y= C[TY OF and (l~e Cily of BmmeHon (heminaflm' "Cily"), in consideralion of the mubml sel fl~Hh hm'cin including Ibc furnishing of utilities services by Ihe City of Bremerton, do hereby p~omise and agree as follows: FR 1. ~crvic~ l'rovid~d. Cily of BremcHon shall provkle utility services consislcnt wilh smvice areas deEncd by the City comprehensive utility plans as amended, and Icrms and comlifions of a current Loller (ff Availabilily from tim Bmmcrlon Utilities Deparhnenl. 2. Rates and Clu~. Owner shall pay when due all ~onnection charges, assessments, and tales eslablishcd l~r cily ulililies services by Cily o[dinance for Ihe Owner's user ClaSS. 3. Use. Development o[ Ihe property described above shall comply with the uses and development standards of Cily of B[emeHon comprehensive land use plan adopled Imrsuant to RCW 35.13.177and any adopled subdivision and slreet slandards of the City of B~emerton~ ' OUTSIDE UTILIrI'IES AGI~F. EMI~,NT -t- (CORF'ORATE/PARTNERSII1P) 4. Ulility laAl~rovenjenB. ~/ATER SERVICE TO A SINGLE FA}lILY RESIDENCE 5. Annexation!. Owner, by signi.g below, granls lo Ihe City of Bremerlon a Limited Power of Attorney to include this Agreement as Owner's conseat Io the almexation of llle Property as part of any Notice of Inlent or Petilioa for Anaexalion presented Io the Cily of The anaexation petilion SUpl~orted by this Power may iaclude I)mportlom~[ assumption of the Cily indebtedness by the area to be annexed. The petitioa shall require the coacurmnt adoplion of land uses desigaaled ia any urban hinge comprehensive pla. approved for lhe mmexation area pursuaat lo RCW 35.13.177, or if none has been adopled, Ihe land uses for amlexed properly as set forlh in Ihe Bremerton Zoning Code as amended. This Power of Attorney is nonrevocable. 6. lgnfmcement. Viulallon of this Agreement may result in Ihe immediale lerminatioa of utililies services to Ihe above described property as well as olher remedies provided by law. 7. ~ovenani~. The undersigned fln'lher agrees II,at this Agreement ami Ihe promise made herein conslitute a covenant nmning wilh the laad aad shall be binding upon the undersigned aad his heirs, successors, and assigns, and that this Agree~hent shall be filed for ~ecord in the office of Ihe Kilsap Counly Auditor. Owner agrees that any sale or Ira.sfer iff Ihe above-described properly will be condilioned on execulion and filing of a duplicale copy of this outside utility agreement by the purchaser or Iransferee. OWNER: RRICKSON CUSTO~ HO~S~ INC. DON~D ~ BAC~TA~ VICR PR~SIDR~ P.O. BOX 291,7 SIB~ERDABE, ~A. 98383 BY: OUTSIDE UTILITIIB AGREEMENT -2- (CORPOP, ATE/PAI~,TNERSI IIP) STATE OF WASItlNGTON ) : SS. COUNTY OF KITSAP ) On Ihis day personally apl)eared before me Donald M. Lachata: v~o pr,~.~ , and N/A , of Erickson Custom Homes, Inc. , tile corporalionX,talt, h'~es'ski~ described in mid that executed the within and foregoing instrnment, and acknowledged said insmnnent to be the free and vohmtary act and deed of said corpomtion~~ for the uses and pnrposes therein mentioned, and on oath stated thai he~ was~ authorized Io execute said instrnment on behalf of said corporation~'~ GIVEN under my hand and official seal this 26eh day of oceobor 19 ~4- ff~_ ~ Nolar~Public in ~d for the Slate of Washington, g~} residing at: Port Orchardr WA ~-- CITY OF BREMEI~TON LY~N IIORTON, Mayor ATI'EST: ~EI) y FOP, DEPAI{TMENTAL tM~PROVAL: M: ' ~~~ ~ [ of Publi~Works & Utilities IAN R. SIEVERS, City Atlomey ED OUTSII)E UTILITIES AGRLLML -3- (COIH~ORATE/PA RTNEP, SI lIP) STATE OF WASItlNOTON SS. COUNTY OF KITSAP On this day personally appeared before me Lynn IIorton, Bremerton City Mayor, Kmhleen L. McCluskey, B~emerton Cily Clerk, of Ihe City of Bremerton, the municipal corporation described in and Ihat executed Ihe within and foregoing iastrument, acknowledged said inslrumenl lo be the free and volunlary act and deed of said corporallon, for Ihe uses and purposes Iherein mentioned, and on oalh staled llmt they were authorized Io execute said instrumenl on behalf of said corporation. GIVEN unde~ my hand m~d official seal lhis~ day of~, Notary P.~ic~a.d fo~he Slale ~f Washington, .,~. ,0. ~ ~ ; My appointment expires: ~-/~- ~ OUTSIDE UTILITIES AGREEMENT -4~ (CORPORATE/PARTNEP, SI lIP) E X tl I ~ I T "A" SECTION 27, TOWNSHIP 25 N., RANGE 1 E. ; WILLAMETTE MERIDIAN TAX ASSESSOR'S NUMBER 4450-000-016-04~ I~EEL ~ FR LEGAL DESCRIPTION Lot C, Short Plat No. 6577 as recorded in Volume 10, Page 228 of Short Plats Auditors File Numbers 9405180021/0022 being a portion of Tract 16 Manford Rericks 5 Acre Garden Tracts, recorded in Volume 3 of Plats, Page 106, Kitsap County, Wa. except the east 337 feet thereof; and except the south 30' for road; together with easements as depicted on short plat. - 307.~* N 88'40'2X W 6~a.3~ ~ ;27.34 JCT. 00 30' ~ Lot A 0.62 Ac 180.00 _ 127.39 : e ~ ~ N 88'40'27" ~8 Lot D ~ '~ z ' ~ ~' Lo~ C I~ I 153.73 153.72I . 307.00 I _ _ __ SE COR SEC 27, ~5N, RIE, W.~. ~ INCASFD MON (WA DOT)